How to write a (hopefully) bullet-proof local wind energy law (USA)

Editor’s note: Is your community being stalked by wind developers? If so, you need to read this primer on how to come up with a local ordinance that either bans these monsters or makes it impossible for them to gain a foothold. (Incidentally, wind developers typically come in secretly, surreptitiously, and begin working behind the scenes, signing up owners of large properties and cultivating town officials. By the time you become aware of what’s happening, the fix is in.)

One of the most frequent requests we get at Alliance for Wise Energy Decisions (AWED), is for help in writing a local industrial wind energy ordinance. (We’d appreciate your feedback if you have anything to contribute to this issue.)

An underlying assumption of our recommendations, is that the majority of the local legislators are genuinely focused on what is in the best interest of: neighbors to such a project, community businesses, and the local environment.

In the unfortunate case where representatives have been co-opted, the basic choices are: 1) if they are open-minded, educate them back to reality,
2) replace them with citizen-oriented people, or 3) sue them to act responsibly (a federal section 1983 lawsuit is the most powerful option available).

Even when the community has conscientious representatives, an industrial Wind Energy Facility (WEF) is a unique, highly technical matter that local legislators rarely have expertise with. That’s the reason the WiseEnergy.org website was created: to educate citizens and their representatives on industrial wind energy.

After you have educated, citizen-oriented legislators, what are your ordinance options? There are two primary ways you can go with industrial wind energy: 1) regulate it, or 2) prohibit it. There are some interesting options here, so let’s look at these closer…